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HomeMy WebLinkAbout2005 01 05 Public Hearing 402 Ordinance 2005-04 Small Scale Comprehensive Plan AmendmentPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 402 Consent Information Public Hearin X Re ular January 5 2005 Meeting REQUEST: The Community Development Department- Planning Division requests that the Planning & Zoning Board/Local Planning Agency as a corrective action, hold a Public Hearing to consider a Small Scale Comprehensive Plan Amendment (Ordinance 2005-04) changing the current Future Land Use Map designation from "Low Density Residential" to "Commercial" for one (1) parcel located at the northeast corner of Parkstone Blvd. and SR 434, within the Parkstone PUD. Parkstone had a "Mixed Use" Future Land Use Map designation at the time the project was being master planned in 1995. At some point the FLUM was changed to "Low Density Residential" which was then formally adopted by the Commission and submitted to DCA with the adoption of the Comprehensive Plan by Ordinance 2001-55. PURPOSE: The Approved Parkstone Master Plan for the PUD provides certain entitlements to subject parcels which are not reflected in the current Future Land Use designation of "Low Density Residential." The applicant has initiated the request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation to "Commercial" so that the existing vacant property can be developed into a C-1 Neighborhood Commercial use. This request is consistent with the approved 1997 PUD Master Plan documents. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.3174 (4) :The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required.. . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. r chi"' January 5, 2005 PUBLIC HEARING AGENDA ITEM C Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority, purr ose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning A ency Review and Recommendation: CHRONOLOGY: Apr. 21, 1995-Application for Zoning change from RU to PUD and Master Plan submitted. Records document that a "Mixed Use" FLUM designation was in place. Aug. 28, 1995-Commission approved Master Plan Sept.25, 1995-Commission adopted Rezoning from RU to PUD Sept. 3, 1997- P&Z approved Master Plan Revision reducing Tract C from 13 to 2 acres and re- designating Tract C & D from Flexible Land Use to Neighborhood Commercial and Professional Office Jan. 12, 2004- 2"d Reading/Adoption Public Hearing of Lg Scale FLUM corrective action for three (3) parcels located at the northwest corner of Parkstone Blvd. and SR 434, within the Parkstone PUD, Ordinance 2003-35. Dec. 26, 2004-Public Noticing in Orlando Sentinel of LPA Public Hearing Jan. 5, 2005- P& Z Board (LPA) to hear the request and made recommendation to the Commission CONSIDERATIONS: Applicant - Gary Gamble Owner- Gary Gamble 462 Mangrove Ct.; Lake Mary, FL 32746 Phone: 407- 333-1602 Parcel #s: - 35-20-30-SPH-OD00-0000 Acrea e- 1.75 acres General Location -The property is located on the northeast corner of Parkstone Blvd. & SR 434 in the Parkstone PUD in the center of the City. Legal Description - Tract D of Parkstone Unit 1, Plat Book 56, Page 17 thru 21. Chronology of Subject Property- The Parkstone PUD project was originally submitted and approved in 1995. At that time, City records indicate that the Parkstone properties had an existing Future Land Use Map designation of "Mixed Use". The Master Plan was revised and approved in 1997 identifies that this tract may include the following uses: a. Those uses permitted in the C-1 Neighborhood Commercial District b. Professional Offices Additionally, the Final Subdivision Plan was approved in Jan. 1998 and provided certain entitlements to the subject property for Neighborhood Commercial or Professional Office and the phasing documentation acknowledged that the subject parcels would be developed as market conditions warrant. January 5, 2005 PUBLIC HEARING AGENDA ITEM C Existing Land Use -The parcel is currently undeveloped, vacant property. It is anticipated that the development of the subject property will proceed after the corrective action amending the large-scale comprehensive land use is approved. Development Trends -Rapid infill development along SR 434 is taking place in the area of the subject property. Development of the subject property continues this trend. Proposed Future Land Use Classification -The current ("Low Density Residential") Future Land Use is inconsistent with the intent of the PUD for the out parcels along SR 434. The proposed future land use map designation of "Medium Density Residential", as requested by the Applicant, is appropriate and compatible with Parkstone's 1997 amended Master Plan and is appropriate and compatible with the adjacent land uses. Letters/Phone Calls In Favor Or Opposition -None as of Dec. 20, 2004. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues that staff analyzed in reviewing this application: Justification for Future Land Use Desi ation -The Applicant is requesting the land use change to allow the construction of a C-1 Neighborhood Commercial use including Professional Office. Although the current Future Land Use Map designation is "Low Density Residential", the approved PUD Master Plan, revised Master Plan and Subdivision Plan allowed for Neighborhood Commercial use on this parcel. At some point, due to a scrivener's error, the FLUM was changed to "Low Density Residential" which was then formally adopted by the Commission and submitted to DCA with the adoption of the Comprehensive Plan by Ordinance 2001-55. The Applicant's request for "Commercial" is consistent with the PUD entitlement. This request is appropriate given the prevailing character of the immediate area, the surrounding land use, and the future goals and objectives of the City. Public Facilities -Winter Springs has the necessary facilities in place to support the development of this site in a C-1 Neighborhood Commercial use including Professional Office. The entrance to the site is off of Parkstone Blvd. Nuisance Potential Of Proposed Use To Surrounding Land Uses - As part of the approval process for Parkstone in 1998, the developer was required to construct a solid 6' brick wall as part of the first phase of development along the perimeter of the subject property. This wall provides a visual barrier from SR 434 to the single family development and was intended to buffer the residences from the future commercial use. Setbacks and landscaping will further buffer residents adjacent to the development. Natural Lands Compatibility - A portion of the Parkstone PUD (along Lake Jessup) is already designated as conservation on the Future Land Use Map. No changes are proposed to the conservation area. January 5, 2005 PUBLIC HEARING AGENDA ITEM C The subject property was cleared for construction previously, so there are no trees on the subject property. The property does not include any wetlands and there are no environmental concerns known. The property is relatively flat and is not subject to flooding and does not have any historic significance that has been recorded. Consistency With The Comprehensive Plan - The application for a Small Scale Comprehensive Plan Amendment changing the Future Land Use map designation is found to be in compliance with the Goals and Objectives of the Winter Springs Comprehensive Plan. FINDINGS: The proposed amendment: (1) Will have a favorable effect on the City's economy; (2) Will not diminish the level of service (LOS) of public facilities; (3) Will not be an unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (4) Is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; (5) Will not unduly burden public facilities. The city is able to provide adequate service from public facilities to the affected property. (6) Will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important to the public health, safety, welfare, economic order, or aesthetics of the City or region. The proposed amendment is consistent with the PUD Master Plan; (7) Will not cause the comprehensive plan to be internally inconsistent; (8) Will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) An Evaluation and Appraisal Report (EAR) will not be issued by the State DCA. STAFF RECOMMENDATION: Staff recommends that the P&Z/Local Planning Agency (as a corrective action) hold a Public Hearing and make recommendation to the City Commission related to Ordinance 2005-04, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at the northeast corner of Parkstone Blvd. and SR 434 (within the Parkstone PUD) from "Low Density Residential" (City of Winter Springs) to "Commercial" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Jan. 24, 2005- 1st Reading of Ordinance 2005-04 Feb. 3, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Feb. 14, 2005- 2nd Reading /Adoption of Ordinance 2005-04 ATTACHMENTS: A- Ordinance 2005-04 including Map & Legal Description COMMISSION ACTION: January 5, 2005 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A ORDINANCE 2005-04 ORDINANCE N0.2~05-04 AN ORDINANCE. OF THF. CITY C011ri1\~IISSI()N C)F THE CITY OF ~'4'IN'1'ER SPRINGS, I''I~ORII)A, ADOPTING A Siv1AI,L SCr1LE CC)MPREHENSIVF, PLAN FLU~I A[4IENDl~`IF,NT I3Y CHANGING THE FUTURE LAND LfSE 1WIAP DESIGNATION OF THE REr~L PROPERTY CONSTITUTING ONE (l) PARCEL TOTr~LING 'I.TS ACRES fl~10RE OR LESS AND LOCATED EAST OI' PARKSTONE BOULEVARD AT STATF, ROAD 434 IN WINTPR SPRINGS, FLORIDA, ANI) 1V10RE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "r'~" ATTr1CHED HEItETa-, FROM CITY OF WINTER SPRINGS "LOW DENSITY RF,SIDENTIAL" TO CPPY OF WINTER SPRINCrS "COi~IIVIERCIAL;" PROVIDING FOR THE REPF,r~L OF PRIOR INCONSIS3'ENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCC}RPOI2r~TION INTO THE COI~IPRF,HENSIVE PLAN,ANDANEFFECTIVEDATE. 4VHERF,AS, the future land use trap antendmentembodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section. l b3.3187(1 }(c}, Florida Statutes; and 4i'HEItEAS, the Locai Planning Agency of the City of Winter Springs held a duly noticed public hearitzg on January 5,'?005 in accordance with the procedures in Chapter 163, Part ll~, F`lorida Statutes, on the proposed Comprehensive Plan Amendment and considered. findings anti advice of staff; citizens, and all interested parties submitting written and oral comments and has reeotnmeuded adoption to the City Commission; and WHEREAS, the City Cornrnission of ttlte City of Winter Springs held a duly noticed public Bearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written. and oral comments and supporting data and. analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby fends that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CTI'Y COMIi'IISSION OF THE CITY OF WINTER. SPRINGS HEREBY ORDAINS, AS FOLLOWS: t:.tiy of Winter Springs ordinance No. 20Q5-tt`4 Page 1 of 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A ORDINANCE 2005-04 Section 1. Recitals. The foregoing recitals arc: trot:: and correct anel are fully incorporated herein by this reference. Sectot[ 2. Authority. This Ordinance is adopted in compliance ~~fitli, and. pursuant to, the :Local. Cxoverntxient Comprehensive Planning and Lattd Development Regulations Act. ,Section i. Purpose and Intent. It is hereby declared to be the purpose and intent of this Orclinanee to clarify, expand, Correct, update, modify and otherwise further the provisions of the City of Witter Springs' Comprehensive Plan. Section'3. Aclopton~fAmendtnenttothel~utureL.tnd Use11~1ap. T1teCityof Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real. 1?ropet•ty depicted. on Composite Exhibit t°A'} from. City a# Winter Spt•ings ``Law. Density Residential" to City of Winter Springs "Conunerciwtl.'' Exhibit "A"ts attached hereto and fully .incorporated herein by this reference. Section ~. Transmittal to the Department of C'omm[tnity A (fairs. The City Manager or his designee is herrrby designated to sign a letter transmitting the adopted Comprehensive Plan -lmendntent to the Florida Department of Community Affairs, in accordance with Section 1.63.~187(~), Florida Statutes, and Section 9J-Il, Florida Administrative Code. Section f. Repeal of Prior inconsistent Ordinances antiResolutions. All prior inconsistent ordinances anti resolutions adopted. by the City Commission, orparts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severahlty. If any section, subsection., sentence, clause,. phrase, word. or provision of this Ordinance is for any reason. held invalid or unconstitutional by any court of competent jurisdiction, whether far substantive, procedural, or any other reason, such portion .hall be deemed a separate, distinct and. independent provision, and such holding shall. not affect the validity o:f the t~mainitg portions of this Ordinatrcr;. ,' `o incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, saidAmendment shall. be incotporated into the C ity of W inter Springs' Comprehensive Plan and any section or paragraph nutiiber ar letter and any heading may be changed car modified as .necessary to effectuate the foregoing, Section 9. Effective. Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall. take effect thirty-on.e (3l) days after adoption, in accordance with Section ].f~:1.3187(3)(c}, ut~ess challe-aged within thirty X30} days after adoption of this C)rdinanee, then this Ordinance shall become effective at such tine as the Florida Departtent of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, C'tty cat winter 5prin Qrdinance Na. 21J05-{)=3 Page 2 of 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A ORDINANCE 2005-04 or latul ttse dependent otl this Ar~tendrrrent may ~ issued car eon~rnenceci before it ltas becot~te efi'ective. After at~cl from. fire effective date of this Anlendtltetit, the Coruprehensve Ptan Atriendtttent set forth herein shall arrtend t17e City r.tf Winter Springs' Corrtprehensive Ptah and bu;otne a part of that plan anti the Amencltrtents shall have the legal status af' the City of Winter Strrings' C'ornprv;hensive Flan, as an~enclecl. :iI)OP7'I~I) by the City Commission of the City of Winter Springs, Flctricla, in a regular meeting assen~bteci an the clay of , 2fJ{)~. t1 T I'IST: John I. Bush, Mayor Andrea Lorenzo-I.uaces, City Clerk Approved as to legal form and suffic.ieney for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second i2eacing: Effective Dace: t'i[y o1' Winter Springs Ordinance No. 2005-04 Page 3 of ~ January 5, 2005 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A ORDINANCE 2005-04 Exhibit A MAP ~~~~~ ~~~ ~ I s~gwc ~~ Z~~' .~: ~, . ~ j s ,~ ; ~ C ~-~ ~ ~ qty- ., ..- ~. ~ ~ ,~, ~, ~ -f..... _ ~~ ~_~ ! i ~ ~ ` 1 ) t s"' Clj ' ' y T J - Fi~ °~''~ '~~L~ 7 i r ~ . y 4~ ~ C'- Ill "~ . f ..- ~ ,~ ~ RU~ ~ ~ /~%~ i 1 ~ . '~" ~CS,~,,\ 'V ~,~ C ~' ice,, ~. P Q~~ .~ ~ ...( ~_~ r - ~-- ~ ~ ,/ .._ {~ _. ~~ ~ ~~`'~~~ ~I~~~ pEtON~~RR 1 ~ ~ __..., ~~ ~ y i ~4 j~ ~ } l ._ .. .. ~: Central Winds 1`~ Pail( r ,~y ~~ ~~~ Z ~ 1 ~ ~y~~ V ~ 7 ~._ ~ ~~ ~ h A• ~ ~~m ~r ~ ~ , _~ ~l m '' ~_ - .--' a --+ ~~ ~'7 ~ ~ "-_. ~ ~ ~ ~ s , .~ ~..~ ~ o .~---'_ ~ ROAD 4~ _ ___ --- ~-- STA tr% ~~ l-~-- ~,_ ,~ •. ~, .. _ ,! ,- _ ~Y { t~ ° ~~ ~ ~1 ~ 4 lot 6 ~ ....-.-. -_-~"".....-- . . ~ p~ 1 m ..~ ,. ~:... ~ ¢ _-_ ~ ~~~ _' 0 .....-.y.. LEGAL DESCRIPTION Tract D of Parkstone Unit 1, Plat Book 56, Page 17 thru 21.